Bill 131, Youth Smoking Prevention Act, 2014

Versions

Bill 131 2013

An
Act to amend the Smoke-Free Ontario Act

Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:

1. (1) Section
3.1 of the Smoke-Free Ontario Act is amended by
adding the following subsection:

Promotional
items

(3.1) No person shall sell or offer to sell
at retail any tobacco product together with a promotional item that is included
with the sale of the tobacco product for nil or nominal additional consideration,
or for additional consideration that does not exceed the production cost of the
promotional item.

(2) Subsection 3.1 (5) of the Act is
repealed and the following substituted:

Interpretation

(5) In this section,

"promotional
item" means,

(a) an
item that is reasonably associated with, or that evokes, a tobacco product of
any kind, or a brand of tobacco product, due to the item's intended use or
purpose or through the use of a brand name, trade-mark, trade name,
distinguishing guise, logo, graphic arrangement, design or slogan that appears
on the item, or

(b) another
tobacco product; ("article promotionnel")

"tobacco product" includes the package in which tobacco
is sold. ("produit du tabac")

2. Paragraph
10 of subsection 4 (2) of the Act is repealed and the following substituted:

10. A
prescribed place or a place that belongs to a prescribed class.

3. Subsection
6.1 (2) of the Act is repealed and the following substituted:

Flavoured
tobacco products

(2) No person shall sell or offer to sell a
flavoured tobacco product at retail or for subsequent sale at retail or
distribute or offer to distribute it for that purpose.

Exception

(3) Subsection (2) does not apply with
respect to any prescribed flavoured tobacco product.

4. (1) Subsections
14 (2), (3), (4) and (5) of the Act are repealed and the following substituted:

Inspection

(2) Subject to subsection (4), for the
purpose of determining whether this Act is being complied with, an inspector
may, without a warrant, and at any reasonable time, enter and inspect,

(a) any
place designated under subsection 4 (2);

(b) any
place where it is prohibited to smoke tobacco or hold lighted tobacco under
section 9;

(c) the
establishments of tobacco manufacturers, wholesalers, distributors and
retailers; and

(d) any
place where the inspector has reasonable grounds to believe that an activity
regulated or prohibited under this Act is taking place.

Restricted
appointments

(3) The Minister may, in an appointment,
restrict the inspector's powers of entry and inspection to specified places or
kinds of places.

Dwellings

(4) An inspector shall not enter into a
place or part of a place that is a dwelling without the consent of the
occupant.

(2) Subsection 14 (8) of the Act is amended
by adding the following clause:

(d.1) remove
a sample of a substance or any other thing that is relevant to the inspection
or take a specimen that is relevant to the inspection;

5. The
Table to section 15 of the Act is repealed and the following substituted:

Table

Column
1

Column
2

Column
3

Column
4

Provision
Contravened

Number
of Earlier Convictions

Maximum
Fine - Individual

Maximum
Fine - Corporation

$

$

3
(1), 3 (2), 3.1, 3.2

0

8,000

20,000

1

20,000

40,000

2

40,000

100,000

3
or more

200,000

300,000

3
(6), 4 (1), 6, 10, 14 (16), 16 (4),

0

2,000

5,000

17
(6), 18 (1), 18 (4), 18 (5)

1

5,000

10,000

2

10,000

25,000

3
or more

50,000

75,000

5,
6.1

0

4,000

200,000

1

10,000

600,000

2

20,000

600,000

3
or more

100,000

600,000

9
(1), 9 (2)

0

1,000

1
or more

5,000

9
(3), 9 (6)

0

1,000

100,000

1
or more

5,000

300,000

9
(4)

any

4,000

10,000

13
(4)

any

4,000

10,000

6. (1) Subsection
17 (1) of the Act is repealed and the following substituted:

Seizure

(1) An inspector acting under section 14
may seize,

(a) tobacco
that is being sold or offered for sale or that is being distributed or being
offered for distribution contrary to subsection 5 (1);

(b) cigarettes
that are being sold or offered for sale or that are being distributed or being
offered for distribution contrary to subsection 5 (2);

(c) cigarillos
that are being sold or offered for sale or that are being distributed or being
offered for distribution contrary to subsection 5 (3);

(d) flavoured
cigarillos that are being sold or offered for sale or that are being
distributed or being offered for distribution contrary to subsection 6.1 (1);

(e) flavoured
tobacco products that are being sold or offered for sale or that are being
distributed or being offered for distribution contrary to subsection 6.1 (2);
and

(f) tobacco
that is being stored in a place contrary to subsection 16 (4).

(2) Subsection 17 (5) of the Act is
repealed.

(3) Subsection 17 (6) of the Act is amended
by striking out "subsection (2)" at the end and substituting "this section".

7. Subsection
18 (3) of the Act is amended by striking out "Subsections 14 (4), (5), (6) and
(7) apply" at the beginning and substituting "Subsections 14 (2), (4), (6) and
(7) apply".

8. (1) Clause
19 (1) (a.2.1) of the Act is repealed and the following substituted:

(a.2.1) defining
"flavouring agent" for the purposes of this Act or any provision of this Act;

(a.2.2) clarifying
the meaning of "nil or nominal additional consideration" or "production cost"
for the purposes of subsection 3.1 (3.1);

(2) Clause 19 (1) (d.2) of the Act is
repealed and the following substituted:

(3) Section 19 of the Act is amended by
adding the following subsection:

Prescribing
places

(8) A regulation that prescribes a place or
area for the purposes of any provision of this Act may provide for areas within
the place or area where the prescription does not apply, or otherwise provide
for exemptions from the prescription.

Commencement

9. This
Act comes into force on a day to be named by proclamation of the Lieutenant
Governor.

Short
title

10. The
short title of this Act is the Youth Smoking Prevention
Act, 2013.

EXPLANATORY
NOTE

Assorted
amendments are made to the Smoke-Free Ontario Act.
Among them:

1. The
sale of promotional items together with tobacco products is prohibited.

2. The
sale of flavoured tobacco products is prohibited, subject to a power to
prescribe exemptions.

3. The
list of places that an inspector is specifically empowered to enter is
broadened.

4. Adjustments
are made to the penalty provisions.

5. The
power to prescribe places for the purposes of the Act is amended to provide for
exemptions.